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Mooresville adopts stormwater ordinance aligning town code with state law, requires segregated maintenance funds
Summary
The Mooresville Board of Commissioners voted Oct. 20 to amend Chapter 25 of the town code to align with House Bill 488. The ordinance clarifies funding responsibility for maintenance of post-construction stormwater control measures and requires segregated funds accounts held by property owners.
The Mooresville Board of Commissioners on Oct. 20 adopted an ordinance amending Chapter 25 of the town code to align the town's stormwater rules with House Bill 488 and to clarify who must finance long-term maintenance of stormwater control measures.
Deputy Water Resources Director Marissa Houston told the board the amendment changes the timing and terminology for the maintenance accounts required for post-construction stormwater features such as ponds. Under the amendment, a 5% initial deposit must be placed into a segregated funds account prior to completion or construction of the stormwater control measures (the town previously referenced a 5% deposit prior to plat approval). The accounts are intended for sediment removal, structural replacement, vegetation work and major repairs; the town must consent before funds are spent.
Houston said the segregated funds account is the responsibility of the property owner or homeowners/property owners association and will be recorded with Iredell County so it "runs with the property." She said the change aligns local code with the state bill and replaces prior practice; historically the town had collected a 4% fee prior to construction, a practice the town is now updating to match state law.
Commissioners asked for clarification on whether the requirement applied retroactively; Houston said the change is not retroactive and will apply only to projects going forward because the town does not have legal authority to impose the rule on existing, previously constructed stormwater measures. Commissioner Luis asked whether the town or property owners would hold the funds; Houston confirmed the funds are held by the property owner under a recorded segregated funds agreement with the town.
There was no public comment at the hearing. Commissioner Dewees moved to adopt the ordinance; Commissioner Dingler seconded. The board voted in favor by voice vote.
The ordinance text and any effective date beyond alignment with state statute were not specified on the public record at the meeting.
